Visa-Faq.com

what to do on h4 visa

by Amelie Marvin Published 1 year ago Updated 1 year ago
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An H4 visa allows visa holders to:

  • Get a driver's license
  • Pursue education
  • Open bank account (s)
  • Become eligible for an ITIN (Tax ID for IRS Tax purposes)
  • Work in the US

Full Answer

What do I need to apply for a H4 visa?

You must provide the following documents to apply for the H4 visa: Filled DS-160 application form. Your valid passport with at least one blank page. Two US visa photographs. Receipt proving payment of $160 for a nonimmigrant US visa application. Photocopy of the primary H visa holder visa.

Can H-4 visa holders work in USA?

Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence (green cards).

What to expect during the H4 visa interview?

During the application interview, both the spouse and the children will be asked various questions, which will tell the U.S. authorities why you are applying for the H4 visa in the first place. People in the United States under H4 can stay in the country for the whole period of validity of the H1B visa held by the husband/wife.

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What can I do with H4 visa?

As an H-4 visa holder, you can remain in the U.S. as long as your husband or wife has a valid visa. You can attend school, obtain a driver's license and open a local bank account, but your ability to work will be determined by whether or not you obtain an Employment Authorization Document (EAD).

Can H4 visa holder work immediately?

The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders. Holders of such an H4 visa EAD can now legally work or start a business in the U.S. as long as their spouse's H1B visa is valid.

How H4 can earn money?

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Can H4 work in any field?

The H4 EAD holder can work part time or full time without worrying about whether it will affect his/her status. The H4 EAD holder does not have to work in a specialty occupation; H4 visa EAD holders may work in any field for any employer. No job offer is required to apply for H4 visa EAD.

Can H-4 convert to H-1B?

Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holder’s sponsoring H1B employer must file his or her H1B petition. The H1B sponsoring employer will need to submit the following along with Form I-129.

How long is H-4 visa valid?

three yearsYour H-4 visa status is tied to your H-1B spouse's status. Therefore, it will be valid for as long as the H-1B is valid, which is an initial period of three years with the opportunity to extend it to a maximum of six.

Can I work on H-4 without pay?

There are many different facets to this question, but the short answer is no, you can't. If you are only an H4 visa holder without any additional authorizations, you are not allowed to do freelance work while you are in the United States.

Can H-4 have bank account?

H4 Visa Holders and Bank Accounts If it's a yes or no question, then the answer is “yes.” You can definitely open a bank account in the U.S. as an H4 visa holder.

Does H4 visa get rejected?

The application for the H4 visa will, therefore, be rejected by a 212(A)(4) refusal if the financial means of the principal applicant does not meet or exceed the state poverty line. This is done to prevent people from becoming a financial burden or obligation to the U.S. government.

Which is better H-1B or H-4 EAD?

The bottom line is that when uninterrupted employment is critical for a position and career growth, H-1B employment may actually be a better (or at least, safer) option compared to H-4 EAD employment.

Can H-4 file green card?

Under H-4 status, you will be able to live and study in the U.S. Those that are the spouses of H-1B holders can also work, provided that they obtain valid Employment Authorization Documents (EAD). Additionally, as of 2015, H-4 visa holders can apply for lawful permanent residence (green cards).

Is marriage certificate mandatory for H4 visa?

Marriage certificate in case of spouse and birth certificate in case of children. Salary slips of the H1 visa holder from the current employer. Documents to prove H4 status – I-94, I-797. Birth certificate or government-issued identity proof along with the visa issued by the foreign consulate.

When can a H4 visa holder work?

Can h4 visa holders work? The H4 Visa holders are eligible to work under EAD- employment authorization program after 2015. The H4 visa holders can work if they apply for I-765 or employment authorization card (EAD).

Can I work on H4 without EAD?

The EAD itself (a small card) is proof that you have received this permission and that you are allowed to work. Before 2015, H4 visa holders weren't allowed to work in the United States at all. After 2015, certain H4 visa holders are allowed to work if they have an EAD.

Can H4 start without EAD?

(2) Why it is legal to stary any business on H1b or H4, you don't need an EAD card to start any business. You can start a business even with no SSN.

Can I work on H4 without pay?

H4 can work as Volunteer Yes, you can work as a volunteer for a non-profit company without pay on H4. Make sure that you do hold a position that would otherwise be a paid position.

What Can a Person Do With an H-4 Visa?

The holder will enjoy several privileges available to American citizens. They can:

How Does a Person Apply for an H-4 Visa?

The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.

What Is an H-4 Visa?

H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.

Who Qualifies for an H-4 Visa?

The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.

What Steps Are Required When the H-4 Visa Arrives?

To avoid issues with government officials, the new visa holder should verify all major information, such as:

Why Is H-4 Visa Reform so Popular?

Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.

What Can an H-4 Visa Holder Do to Solve the Problem?

Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.

How to apply for a H4 visa?

To apply for a visa, the applicant must begin the H4 visa process and fill out a DS-160 form online and then attend their visa interview.

What is an H4 visa?

An H4 visa gives spouses and children under 21 of H1B visa holders the ability to join the visa holder in the US. H4 visa holders can legally:

When did H4 visa holders become eligible to work?

Beginning on May 26, 2015, select H4 visa holders became eligible to work in the U.S. To be able to work, an H4 visa holder must first apply for and be approved for an Employment Authorization Document (EAD). Additional requirements include:

Will my H4 visa be rejected?

It’s possible your H4 visa application will be rejected. While it would be a letdown, it’s not the end of the road. Check out our guide for what to do in case of an H4 visa rejection.

Can dependents work in the US on an H4 visa?

Luckily, with an H4 visa, dependent family members can join the H1 visa holder during their stay in the US. By applying for the H4 visa, these family members are granted temporary residence in the US during the time that the H1 visa-holding family member is working in the US.

Is the H4 visa policy changing?

Visa policy is always changing, and even just until 2015, H4 visa holders were not allowed to work. This change in policy came with backlash from groups who believed that H4 visa holders were taking their jobs, and although most of these criticisms were initially brushed off since Trump’s administration took office, there have been statements released suggesting that there will be changes to the H4 visa EAD rule.

How to apply for H4 EAD?

To apply for an H4 EAD, you need to first own an H4 visa. That means that you need to be the spouse of someone who owns an H1B visa or the child of the holder. If you are the child, then you must be under the age of 21, and not be married.

When did the H4 visa change?

On February 24, 2015, it was announced by USCIS that this rule would change beginning May 26, 2015. The Department of Homeland Security (DHS) would start issuing Employment Authorization Documents (EAD) to eligible H4 visa holders.

Why is H4 EAD important?

The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.

What is an H1B visa?

H1B visas are meant for people who have a degree and want to work in the United States. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.

When will H4 EAD be removed?

The removal of H4 visa EAD has officially been included in the Spring 2018 Regulatory Agenda (set to be in June 2018) titled “Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”. What this agenda item basically said was that the DHS intends to amend the rule regarding H4 EAD’s and that they will possibly remove this EAD in line with the EO.

How much is the DHS application fee?

An application fee of $410 must be paid to the DHS before your application can be processed. Some people are exempted from paying this fee, however.

When did the H4 EAD rule come into effect?

But in 2015, the H4 EAD rule was implemented. After the rule passed, those who were eligible for it could start applying for an Employment Authorization Document. Not long ago, in 2019, USCIS came with the suggestion of getting rid of the program. However, it’s still not certain whether their request will be accepted or not – it’s all still up for debate.

What is the H-4 Visa?

The H-4 visa is for the spouses and dependents of H visa holders who would like to accompany the principle H visa holder into the U.S. The current H visas include:

What is evidence of H-4 status?

Evidence of your H-4 status such as a copy of your I-797 approval notice or a copy of your I-94 arrival/departure card.

How long does it take to get an I-485?

Lastly, you will have to file an I-485 application to adjust your status. This will take about six months to process depending on how busy your USCIS service center is. After your status is adjusted (from H-4 to green card), you will officially be a lawful permanent resident.

Can I file an I-765 for an alien worker?

If you are qualified, you can file an I-765 Immigrant Petition for Alien Worker. You will need to submit the following documents as well in order to avoid unnecessary delays and requests for evidence (RFEs):

How to Apply for H4 Visa ?

The process to apply for H4 Visa depends on the physical location where the H4 visa application currently lives. If the H4 applicant lives outside of US, then they need to apply for H4 Visa at the nearest US Consulate or US Embassy. Unlike, if the H4 applicant is already living in US on a different visa status, then they need to apply for H4 Change of Status with USCIS. Let’s look at each of the processes.

What is H4 Visa ?

H4 Visa or H4 dependent visa is the US visa category given to the spouse and children ( under 21 years of age) of all H visa holders such as H1B Visa, H1B1 Visa, H2A, H2B and H3. H4 visa is treated as dependent visa, meaning its validity and status are tied to the primary H visa holder. USCIS classifies it as given to Family of H1B visa. Unlike H1B Visa Cap, that has annual limit of 85,000 per year, H4 visas do not have any annual limit. As long as the H1B holder is counted towards H1B cap and got visa to work in US, H4 visa holders can join them and go to US.

What form do I use to apply for H4 EAD?

If the H4 visa holder qualifies for H4 EAD, then they can apply for employment authorization document (EAD) with USCIS using form I-765. For step by step instructions, Read How to apply for H4 EAD, Biometrics

What does an H4 EAD card look like?

It looks like a driving license card with details of the H4 holder , with photo, including work authorization category, validity, etc.

What is an H4 approval notice?

If you have got H4 status by applying for Change of Status within US, you will get a H4 approval notice, that is basically a form I-797A that state your details, and validity of H4 status, including the I-94. Check Sample H4 Visa Approval Notice with I-94

When will H4 biometrics be suspended?

In early 2019, USCIS introduced New I-539 form, with Biometrics as an additional step under Trump administration. But, in May 2021, Biden administration suspended the H4 Biometrics for two years until May 2023. If you file H4 COS or Extension application after May 2021, you do not need to attend biometrics by default.

Will USCIS waive H4 biometrics?

USCIS has waived biometrics for H4 visas from May 2021 for two years. But, on a case by case basis, they may issue biometrics appointment. Get H4 Approval Notice with I-94 that indicates your new status and duration of the same, if approved by USCIS. USCIS is yet to introduce Premium Processing for H4 Visa, H4 EAD .

How to apply for H4 visa?

Immediate family members include the spouse or any children under the age of 21 of the H-visa holder. Accordingly, to be eligible to apply for the H4 visa, you have to meet either one of the following conditions: 1 Be the spouse of a H-visa holder. This includes the H1B, H1B1, H2A, H2B or H3 visas. 2 Be the child, under the age of 21 years old, of an approved H-visa holder. The children of a H-visa holder who are over 21 will not be eligible to apply for the H4 visa.

What is an H4 visa?

What is the H4 visa? The H4 visa is a nonimmigrant visa issued by the US Citizenship and Immigration Services (USCIS) to the spouse and children of H1B visa holders who want to accompany the H-visa holder to the United States.

What is an H1B visa holder?

The H1B visa holder is an individual who has been granted permission to travel to the US to work in a speciality occupation, ie; a professional working in a job role that requires theoretical/technical expertise or academic qualification, at degree level or equivalent, and for whom they have a US sponsor.

How long is an H4 visa valid?

As such, if your spouse or parent has a visa that is valid for 3 years , your H4 visa will also be valid for 3 years. However, you may be eligible to stay for longer, using Form I-539, in the event that the primary H-visa holder applies for an extension to remain in the United States.

What form do I need to apply for an H4 visa?

When you apply for an H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This is a Notice of Action, issued as a result of an application or a petition submitted to the USCIS for a H1B or other H-visa.

What documents are needed to get an H4 visa?

In addition to form DS-160, you will be required to provide other documents when applying for an H4 visa, including a marriage or birth certificate, a copy of your spouse’s/parent’s H-type visa, together with their I-129 form, I-797 form and the Labor Certification Application.

How much does it cost to get an H4 visa?

You should save your fee receipt as you will require this later. Currently, the application fee for an H4 visa is $190. Schedule a visa interview appointment with your local US Embassy or consulate. Having scheduled your interview, you will get a letter of confirmation, which again you will need to retain.

When did USCIS start accepting H4 EAD applications?

USCIS began accepting H4 EAD application from May of 2015. Check the H4 EAD Eligibility and How to Apply for H4 EAD.

Can I go back to school on H4 visa?

Going back to school on H4 Visa is probably the best option. I would never say no to anyone going back to school to study.

Can I study on H4 visa?

For some, going back to study on H4 Visa is the best option. For others, I would recommend mixing of H4 and F1, for toehrs, I would recommend to look for alternatives.

Can H4 visa holders work in the USA?

H4 Visa is a dependent visa for H1B. There’s very options for H4 Visa holders work here in the USA. Spouse and children of H1B visa holder can get H4 visa to enter the USA. H4 is non-immigrant visa and doesn’t provide work permit unless H1B spouses Green Card process have started.

Can dependents of H visas work in America?

In that case, they need to return to their home countries. Dependents of H visas holders who hold H-4 visas cannot obtain Social Security Numbers and cannot work in America. But they can study at U.S. universities and get driver’s licenses.

Can I change my H-4 visa status?

They may also become eligible for H-1B visas. Though the H-4 visa holders do not have the right to work in the U.S. they can change their status to some other non-immigrant status that would grant them the ability to work in the country. To change their non-immigrant status, they need to file the USCIS Form I-539, ...

Where to enroll in H4 visa?

Location – H4 visa holders generally prefer to enroll in a University that is closer to their home. And also, there is an incentive to find a University in their home state where they are eligible for in-state tuition fee.

How long does it take to get a F1 certification?

1-year Certification courses or regular Degree – You should enroll in regular Masters programs with 2-year duration if you plan to convert to F1 and work on OPT. You will not be eligible for OPT or CPT for the 1-year certification courses. You may choose certification programs if you have H4 EAD or do not require OPT.

Do H4 visa holders need recommendation letters?

Recommendation letters – Most universities require recommendation letters from professors as part of the admission application. Some H4 visa holders find it difficult to secure recommendation letters because they had been out of the college for quite some time or they are not in contact with the professor s anymore.

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